Minnesota Background Check Laws for Employers
Minnesota regulates hiring more tightly than most states. Ban the box, consumer report copies, drug testing and automatic record sealing all carry their own statutes. This guide from BCS Background Screening LLC names each rule and the agency behind it.
Minnesota screening statutes at a glance
Minnesota spreads its screening rules across civil rights, data practices, labor and human services law. No single chapter holds them all. Therefore the table below names each rule, sums it up, and identifies the agency that administers it.
| Statute or ordinance | What it does | Administered by |
|---|---|---|
| Minn. Stat. 364.021 | Bans criminal history questions until interview selection or a conditional offer, at every private employer | Minnesota Department of Human Rights |
| Minn. Stat. 364.03 | Sets the direct relationship standard for public employment and occupational licensing | Each hiring authority and licensing board |
| Minn. Stat. 13C.001 to 13C.03 | Requires a disclosure with a copy request box, and a report copy within 24 hours | Minnesota Attorney General |
| Minn. Stat. 13.87 | Classifies criminal history data and keeps convictions public for 15 years after sentence completion | Bureau of Criminal Apprehension |
| Minn. Stat. 609A.015 | Seals qualifying records automatically, without any petition, since January 1, 2025 | Bureau of Criminal Apprehension and the courts |
| Minn. Stat. 609A.055 | Expunges qualifying cannabis offenses and routes felony cases to review | Cannabis Expungement Board and the BCA |
| Minn. Stat. 299C.095 | Keeps juvenile criminal history private and limits its release | Bureau of Criminal Apprehension |
| Minn. Stat. 181.950 to 181.957 | Governs every private-sector drug and alcohol test, from policy to retest rights | Department of Labor and Industry, with private enforcement |
| Minn. Stat. 181.938 | Protects lawful consumable products, including cannabis, used off duty | Enforced by private civil action |
| Minn. Stat. 363A.08, subd. 8 | Bars pay history questions in hiring, effective January 1, 2024 | Minnesota Department of Human Rights |
| Minneapolis Ordinance 2025-022 | Adds justice-impacted status as a protected class and requires an individualized assessment | Minneapolis Department of Civil Rights |
| Minn. Stat. ch. 245C | Requires background studies for licensed human services and child care roles | Department of Human Services and Department of Children, Youth, and Families |
| Minn. Stat. 123B.03 | Requires criminal history checks on school district hires with student contact | School districts with the Bureau of Criminal Apprehension |
| Minn. Stat. 171.12 | Classifies driving records and controls their release to employers | Driver and Vehicle Services, Department of Public Safety |
The federal floor: FCRA duties in every Minnesota hire
The federal Fair Credit Reporting Act sets the procedure whenever you use a screening company. Minnesota then adds its own layer on top. Four federal steps carry nearly every compliance claim, so build them into your workflow first.
1. Stand-alone disclosure
Give a clear written notice that a consumer report may be obtained. Keep it on its own page, and add the Minnesota copy box described below.
2. Written authorization
Collect the applicant’s signature before you order. Electronic signatures work, provided the applicant reads the disclosure first.
3. Pre-adverse action
Before you decide, send the report and the Summary of Rights. Then give the applicant real time to respond.
4. Adverse action notice
Name the screening company, and state that it did not make the decision. Include the dispute rights, since that omission drives most lawsuits.
Title VII sits above those steps. The EEOC guidance on arrest and conviction records asks you to weigh three things. Consider the offense, the time elapsed, and the job itself. Blanket exclusions therefore invite scrutiny in Minnesota as anywhere else.
Minnesota’s own consumer report law: the copy rule
Minnesota chapter 13C, Access to Consumer Reports, is the state’s answer to the FCRA. Most employers miss it, and most competing guides skip it entirely. Yet it changes the paperwork on every Minnesota hire.
Minn. Stat. 13C.02 requires the written disclosure to carry a box. The applicant checks that box to request a copy of the report. If a job application is used, the disclosure must accompany it.
The deadline is short. When the box comes back checked, the screening company must move fast. It sends the report to the applicant within 24 hours of releasing it to you. Separately, on written request, the agency must describe the nature and scope of an investigative report within five days.
Two narrow exceptions apply. The rule does not reach a report for a position the person never applied for. It also pauses during an investigation of suspected employee misconduct, until that investigation ends.
Compliance note
Audit your disclosure form today. A generic national template almost certainly lacks the Minnesota check box.
BCS Background Screening LLC sends the applicant copy inside the 24-hour window automatically. So the duty never lands on your HR team.
Lookback limits: how far back a Minnesota report may go
Two clocks run at once in Minnesota. One comes from state data law, the other from the FCRA. Read all four tiers before you set a policy.
Three limits that never appear on a chart
First, Minnesota arrest history is not public data, so a state search returns convictions only. Second, many misdemeanor arrests never reach the state file because agencies need not report them. Third, Title VII discourages acting on very old convictions even where the law permits reporting them.
Our Minnesota real-time statewide criminal search applies those limits automatically. A researcher also reviews every returned record before it reaches your file.
Ban the box: Minnesota covers every private employer
Minnesota banned the box for private employers on January 1, 2014. Many national guides attach an employee threshold to the rule. No such threshold exists.
What the statute actually says
Minn. Stat. 364.021 reaches “a public or private employer” with no minimum headcount. You may not inquire into, consider or require disclosure of criminal history until the applicant is selected for an interview. Where no interview happens, wait for the conditional offer.
The Minnesota Department of Human Rights enforces the law, and no private right of action exists. Out-of-state employers are covered too, for any job performed in Minnesota.
Exceptions in the statute
- The Department of Corrections
- Employers with a statutory duty to run a criminal history check
- Roles where another law requires the record be considered, such as teachers and school bus drivers
Still permitted at any stage
- Telling applicants that specific convictions disqualify them from a role
- Running the check after the interview selection or the conditional offer
- Making an individualized decision once the record is lawfully in hand
Penalties scale with size and repetition. During the first year the sanction was a written warning plus a fine up to $500. After that, fines run from $100 to $500 per violation, with monthly caps that rise for larger employers.
Minneapolis went further on August 1, 2025
Minneapolis rewrote its Civil Rights Ordinance through Ordinance 2025-022. The change took effect on August 1, 2025, and it reaches beyond the state rule. Employers hiring anywhere near the city should read it closely.
Justice-impacted status is now a protected class
The ordinance defines justice-impacted status broadly. It covers a criminal record or history, including any arrest, charge, conviction, period of incarceration or probationary status. Height, weight and housing status joined the protected list at the same time.
Before taking adverse action on a record, you must run an individualized assessment. Littler’s analysis lists the factors. Weigh conviction status, time elapsed, severity, the applicant’s age at the offense, rehabilitation and risk. An arrest alone can never justify the decision.
Who is covered. The ordinance reaches employers in Minneapolis, city contractors, and any employer hiring someone whose work happens even partly in Minneapolis. So a suburban employer with one Minneapolis route can fall inside it.
Clean Slate: Minnesota seals records automatically
Minnesota’s Clean Slate Act began operating on January 1, 2025. Under Minn. Stat. 609A.015, qualifying records seal without any petition. The Bureau of Criminal Apprehension identifies eligible people and grants relief within 30 days of the waiting period ending.
The waiting periods
Two years
Petty misdemeanors and misdemeanors, counted from discharge of the sentence.
Three years
Gross misdemeanors, also counted from discharge of the sentence.
Four to five years
Felony drug possession under 152.025 at four years, and other eligible felonies at five.
What never qualifies, and what sealing means for you
Domestic violence offenses, driving-while-impaired cases, assault, criminal sexual conduct and privacy-interference crimes stay on the record. Dismissals, acquittals and completed diversions seal automatically as well, often sooner.
Cannabis records follow their own track under Minn. Stat. 609A.055. Misdemeanor cannabis offenses expunge automatically, while felony cases route to the Cannabis Expungement Board for review.
Once a record seals, it leaves the public file. Consequently no compliant background report may show it, and no employer may consider it.
The direct relationship standard in chapter 364
Chapter 364 is the Criminal Offenders Rehabilitation Act. Its core rule governs public employment and occupational licensing rather than private hiring. Even so, it shapes how Minnesota expects convictions to be weighed.
How the test works
Minn. Stat. 364.03 bars disqualification unless the crime directly relates to the position or occupation sought. Where a direct relationship exists, the person may still show rehabilitation and fitness. Evidence includes a discharge from probation, a decent employment record and references.
Private employers are not bound by that test. Nevertheless, borrowing it is good practice. An individualized assessment documented against those factors answers both an EEOC charge and a Minneapolis ordinance complaint.
Drug and alcohol testing: Minnesota is one of the strictest states
Most states leave private drug testing unregulated. Minnesota does the opposite. The Drug and Alcohol Testing in the Workplace Act, at Minn. Stat. 181.950 to 181.957, governs every step. Skipping any step exposes you to a private lawsuit.
The rules that catch employers out
A written policy comes first
You may not test without a written policy meeting Minn. Stat. 181.952. It names who is tested, which substances, and the consequences. No policy means no lawful test.
Applicants test only after an offer
Under 181.951, subdivision 2, applicant testing follows a conditional offer. Every applicant for that position must face the same test.
Random testing is limited
Random tests reach safety-sensitive positions and professional athletes only. Reasonable suspicion testing covers impairment, injuries and accidents.
Confirmatory testing is mandatory
Minn. Stat. 181.953 requires a certified laboratory and a confirmatory test on every positive screen. Labs keep positive samples at least six months.
The employee may explain
After a positive confirmatory result, you must notify in writing. The employee may then identify prescription or over-the-counter medication, or offer another explanation.
A retest right applies
Within three working days the employee may request a retest at their own expense. Notice and lab-contact deadlines then run in working days, so calendar them.
The rule that surprises everyone. Under 181.953, subdivision 10, you may not discharge an employee for a first positive confirmatory test. First you must offer counseling or a rehabilitation program. Discharge follows only if the employee refuses it or fails to complete it.
Cannabis: testing rules changed on August 1, 2023
Minnesota legalized adult recreational cannabis in 2023, and employment law changed with it. Cannabis became a lawful consumable product under Minn. Stat. 181.938. So off-duty use generally sits outside your reach.
What the testing statute now says
Minn. Stat. 181.951, subdivision 8, bars pre-employment cannabis testing for most positions. You also may not refuse to hire on a positive cannabis result alone. Subdivision 9 then carves out the exceptions.
Cannabis testing still allowed
- Safety-sensitive positions
- Peace officers and firefighters
- Roles caring for children, vulnerable adults or patients
- Commercial driving positions requiring a CDL
- Federally funded roles and federal-contract positions
- Any position where another law requires testing
Practical step
Re-read your job descriptions. Whether a role counts as safety-sensitive decides whether you may test at all.
Write that designation into the description, not just the testing policy, because the description is what a court reads first.
Impairment at work remains actionable. You may still discipline for possession, use or impairment during working hours or on your premises.
Minnesota also protects medical cannabis patients. Therefore, engage in an interactive process before you withdraw an offer from a registered patient.
Pay history questions are banned
Minnesota added a pay history ban to the Human Rights Act. Minn. Stat. 363A.08, subdivision 8 took effect on January 1, 2024. It covers public, private and nonprofit employers alike.
What changes in your process
You may not ask about, or consider, an applicant’s past or current pay. Application forms, screening scripts and recruiter notes all need review. The Minnesota Department of Human Rights enforces the rule.
Setting pay stays straightforward. Base it on skills, education, certifications, licenses, the internal range and the labor market. If an applicant volunteers their history unprompted, you may not use it to pay them less.
In addition, Minnesota requires pay transparency. Employers with 30 or more employees must include pay ranges in job postings. That duty took effect on January 1, 2025.
Industry rules that override the general position
Several Minnesota sectors carry mandatory studies and fixed disqualifiers. Where a sector statute applies, it beats your internal policy and the ban-the-box timing rule. Check this list before you write a job-specific standard.
Human services and child care
Minn. Stat. chapter 245C requires a background study for licensed programs, personal care assistance and child care. The state runs the study, sets the disqualifying offenses, and decides any set-aside request.
Schools
Minn. Stat. 123B.03 makes districts run a criminal history check on applicants who will have direct contact with students. Districts submit through the Bureau of Criminal Apprehension.
Children and vulnerable adults
Minn. Stat. 299C.61 to 299C.64 lets qualified entities obtain criminal history for positions with access to children or vulnerable adults. The Bureau of Criminal Apprehension administers that access.
Drivers and commercial fleets
Minn. Stat. 171.12 classifies driving record data, and the federal Driver Privacy Protection Act governs release. Driver and Vehicle Services issues the records, and employers rely on written applicant consent.
Health care roles
Many licensed health positions sit inside the chapter 245C study. Others run through their licensing board. Confirm which applies before you promise a start date.
Financial and fiduciary roles
No Minnesota statute limits employment credit checks. Federal rules still apply, however. Section 19 of the Federal Deposit Insurance Act also bars certain dishonesty convictions from insured institutions.
State contractors and E-Verify. Minnesota has no general E-Verify mandate for private or public employers. However, state service contracts valued over $50,000 carry a certification rule. Under Minn. Stat. 16C.075, the vendor and its subcontractors must certify their E-Verify status. They must have implemented, or be implementing, E-Verify for new hires who will work on the state contract.
Minnesota searches BCS Background Screening LLC runs for employers
Each search below maps to a rule discussed on this page. Order them alone, or bundle them into one package.
Minnesota statewide criminal search
A real-time name search of the Bureau of Criminal Apprehension file across all 87 counties. See the Minnesota real-time statewide search for pricing and a sample report.
County criminal court search
Direct county court research where the applicant lived or worked. This search reaches pending cases and detail the state file never carries.
Motor vehicle records
Driving histories for delivery, trucking, sales, and CDL positions. Order a Minnesota motor vehicle record with the applicant’s written consent.
Federal criminal search
Federal district court cases never reach the Minnesota state file. Add this search for finance, healthcare and interstate roles.
SSN trace and address history
Reported names, aliases and addresses over ten years. Run it first, because it tells you which Minnesota counties matter.
Employment and education verification
Confirm titles, dates and credentials directly with the source. Verifications carry no Minnesota-specific restriction.
Minnesota employer compliance checklist
Work through these ten items once, then review them each year. Most Minnesota claims trace back to one of them.
- Remove criminal history questions from every application form
- Ask about records only after interview selection or a conditional offer
- Add the Minn. Stat. 13C.02 copy request box to your disclosure
- Confirm the applicant copy goes out inside 24 hours
- Strip pay history questions from forms, scripts and recruiter notes
- Run an individualized assessment on any record-based rejection
- Check whether the role sits inside Minneapolis before you decide
- Publish a written drug and alcohol testing policy before any test
- Mark which job descriptions are genuinely safety-sensitive
- Re-check sector rules for human services, schools, child care and drivers
Minnesota background check law FAQs for employers
Does Minnesota have its own version of the Fair Credit Reporting Act?
Yes, in part. Minnesota chapter 13C, Access to Consumer Reports, runs alongside the federal FCRA. Minn. Stat. 13C.02 requires a disclosure carrying a check box for a report copy. Delivery then follows within 24 hours when the box is checked. The Minnesota Attorney General enforces the chapter.
When may a Minnesota employer ask about criminal history?
Not on the application. Minn. Stat. 364.021 bars the question until the applicant is selected for an interview. Where no interview occurs, wait for the conditional offer. The rule covers every private employer with no headcount threshold, and the Minnesota Department of Human Rights enforces it.
How far back can a Minnesota criminal background check go?
Minnesota keeps conviction data public for 15 years after the sentence is complete, under Minn. Stat. 13.87. The FCRA separately blocks arrests and other non-convictions after seven years, and that block lifts at a $75,000 salary. Sealed and juvenile records never appear.
What does the Clean Slate Act mean for employers?
Minn. Stat. 609A.015 has sealed qualifying records automatically since January 1, 2025. Waiting periods run two years for misdemeanors and three for gross misdemeanors. Felony drug possession takes four years, while other eligible felonies take five. The Bureau of Criminal Apprehension grants relief without a petition, and sealed records may not be considered.
Can a Minnesota employer test applicants for cannabis?
Usually not. Minn. Stat. 181.951, subdivision 8, bars pre-employment cannabis testing for most roles, and a positive result alone cannot justify refusing to hire. Subdivision 9 preserves testing for safety-sensitive positions, peace officers, firefighters, CDL drivers, care roles and federally funded jobs.
Can we fire someone after one positive drug test?
Not immediately. Minn. Stat. 181.953, subdivision 10, requires you to offer counseling or a rehabilitation program after a first positive confirmatory test. Discharge follows only if the employee refuses the program or fails to complete it. A written policy under Minn. Stat. 181.952 must exist before any testing.
What changed in Minneapolis on August 1, 2025?
Ordinance 2025-022 added justice-impacted status, housing status, height and weight as protected classes. Before rejecting someone over a record, employers must run an individualized assessment. It weighs severity, time elapsed, age at the offense, rehabilitation and risk. The ordinance also reaches employers whose workers spend part of their time in Minneapolis.
How do Minnesota employers obtain driving records?
Through Driver and Vehicle Services at the Department of Public Safety, under Minn. Stat. 171.12 and the federal Driver Privacy Protection Act. You need a permissible purpose, and employers normally rely on the applicant’s signed consent. BCS Background Screening LLC pulls Minnesota motor vehicle records inside a screening package.
Screen Minnesota applicants with confidence
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Disclaimer. This page explains Minnesota employment screening rules in general terms. It is not legal advice, and it does not create an attorney-client relationship. Statutes change, and local ordinances vary. Ask qualified employment counsel before you adopt or revise a screening policy. Revised October 2026.